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(영문) 서울동부지방법원 2016.05.27 2014가단7705
임대차보증금
Text

1. The Defendant’s KRW 95,723,657 for the Plaintiff and KRW 5% per annum from January 18, 2014 to May 27, 2016.

Reasons

1. Facts of recognition;

A. On October 22, 2010, the Plaintiff entered into a lease agreement with the Defendant on the Gangnam-gu Seoul 2nd floor C 201 (hereinafter “instant real estate”) as follows:

(hereinafter “instant lease agreement”). ① The lease deposit amount of KRW 100 million, monthly rent of KRW 8 million (excluding additional tax) ② From January 2, 2012 to January 1, 2014, the lease term of KRW 3 (Article 10(4)) is a mandatory provision for restoration of the original form, such as structures, interior, etc. that the lessee has occupied and changed due to the termination of the contract or the termination of the contract period.

In addition, the interior interior interior interior decoration taken over from D shall be restored to the status of the E occupancy.

(Provided, That when the lessor delegates the restoration to the original state due to the circumstances of the lessee, it may be entrusted to the lessor at the expense of the lessee in accordance with the estimate of the restoration company).

B. On July 2013, the Plaintiff expressed to the Defendant that the Plaintiff would terminate the instant lease agreement without extending the instant lease agreement.

C. On December 9, 2013, the Defendant sent to the Plaintiff a document demanding the Plaintiff to restore the instant real estate to its original state, along with the specifications, by content-certified mail, and thereafter, notified the Plaintiff of the document demanding the restoration to its original state several times thereafter.

From December 21, 2013 to December 31, 2013, the Plaintiff performed a construction work to restore the instant real estate to its original state, but did not complete the construction work to restore the said real estate to its original state in accordance with the instant lease agreement, and delivered the instant real estate to the Defendant on January 1, 2014, and the Plaintiff paid the full monthly rent to the Defendant until December 25, 2013.

E. Accordingly, the Defendant performed the restoration work on the instant real estate before February 5, 2014, and if the Plaintiff fails to do so, the Defendant shall directly restore the said real estate to its original state.

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